Peradi Urges Strict Limits on Asset Forfeiture Without Conviction

The National Leadership Council of the Indonesian Bar Association (DPN Peradi) has provided input on the Asset Forfeiture Bill during a meeting with House of Representatives Commission III. DPN Peradi specifically highlighted the issue of non-conviction based asset forfeiture (NCB).

This was conveyed by DPN Peradi Deputy Secretary-General Professor Nurmalah during the meeting at the Parliament Complex in Senayan, Jakarta, on Monday (13/7/2026). Nurmalah proposed that asset forfeiture without a conviction should only be applied as a last resort.

“Peradi’s concrete input urges that the draft Asset Forfeiture Bill stipulate the NCB mechanism only applies as an ultimum remedium or last resort,” Nurmalah said during the presentation.

According to him, this mechanism can only be implemented under special conditions. For instance, if the suspect or defendant dies, flees, or suffers from a permanent mental disorder.

“This mechanism may only be implemented if the suspect or defendant dies, permanently absconds, suffers from a permanent mental disorder, or the criminal charge has expired,” he stated.

Nurmalah views that this mechanism must be a last resort because it has the potential to violate the principle of the presumption of innocence. Furthermore, the mechanism is also considered to violate property rights.

“The legal argument is that asset forfeiture prior to a final and binding criminal verdict carries a high risk of violating the principle of the presumption of innocence and constitutionally protected property rights,” he said.